On September 15, the Department of Administrative Cases of the Senate rejected the application for cancelling the decision of the Minister of the Interior, by which a person was prohibited from leaving the Republic of Latvia.

In the present case, the Senate had to verify whether the decision of the Minister of the Interior is justified and legal, that is, whether the applicant, who is a citizen of the Republic of Latvia, is prohibited from exiting the Republic of Latvia in accordance with Section 18.1 of the State Security Law.

Having examined the materials in the case, which contain a state secret and which were the basis for the decision of the Minister of the Interior, and having heard the parties to proceedings, the Senate concluded that the prohibition from exiting the country imposed upon the applicant and the related restriction of her fundamental rights is a proportionate means of protecting the interests of national security. Therefore, the Senate recognized the appealed decision of the Minister of the Interior as justified and legal.

The Senate verified the compliance of the limitation of fundamental rights of the person related to the prohibition on exiting the country with the Constitution.

In the present case, it was established that there exist circumstances and there is reason to believe that the applicant, upon leaving the Republic of Latvia, may engage in activities that would result in a threat to the national security of the Republic of Latvia upon the applicant's return to the Republic of Latvia. The court decision also states that there is no doubt that the facts mentioned in the State Security Service’s opinion regarding the actions of the applicant, which have contributed to the dissemination of propaganda messages of a country hostile to the Republic of Latvia – the Russian Federation – and the implementation of informational impact measures, directly indicate a threat to national security. The decision assesses whether the prohibition to exit the country could be disproportionate or arbitrary in this case. The decision also substantiates the necessity to impose the prohibition to exit the Republic of Latvia for the period of one year.

Taking into account that the State Security Law does not provide for the right of the applicant or her representative to get acquainted with materials that contain a state secret and that serve as basis for the imposition of the prohibition to exit the country, the Senate verified whether the applicant's right to a fair trial was not disproportionately restricted and whether in the court proceedings there were sufficient balancing measures applied regarding the limitation of person’s rights. The Senate had no obstacles to request and get acquainted with all the necessary materials in the case. The Senate itself fully examined the validity and legality of the appealed decision, not merely limiting itself to the evaluation of the arguments presented by the applicant or her representative.

The Senate assessed the circumstance indicated by the applicant that the prohibition to exit the Republic of Latvia affects applicant’s study process in the public relations study programme at the Saint Petersburg State University. The Senate agreed with the statement indicated in the decision, that the damage caused to the interests of the applicant to receive an education outside the Republic of Latvia is proportionate. Namely, the restriction is set by law, it is appropriate for achieving the legitimate goal of protecting national security; another less restrictive means would prevent the achievement of the said goal. Therefore, the benefit obtained by society is greater than the limitation of the applicant's rights and legitimate interests.

According to the State Security Law, a person has the right to appeal to the Senate the decision of the Minister of the Interior, which prohibits the person from leaving the Republic of Latvia. The Senate examines such an application as a court of first instance in collegial composition. The judgment of the Senate is final, it is not subject to appeal and it takes effect the moment it is pronounced.

Judgment of the Senate, case No SA-2/2023

 

Information prepared by Baiba Kataja, the Press Secretary of the Supreme Court

Tel.: +371 67020396; e-mail: baiba.kataja@at.gov.lv